Constitution of the State of North Carolina and Copy of the Act of the General Assembly Entitled Part 4

[Sidenote: Terms of the supreme court.]

SEC. 7. The terms of the Supreme Court shall be held in the city of Raleigh, as now, unless otherwise provided by the General a.s.sembly.

[Sidenote: Jurisdiction of supreme court.]

SEC. 8. The Supreme Court shall have jurisdiction to review, upon appeal, any decision of the courts below, upon any matter of law or legal inference. And the jurisdiction of said Court over "issues of fact" and "questions of fact" shall be the same exercised by it before the adoption of the Const.i.tution of one thousand eight hundred and sixty-eight, and the Court shall have the power to issue any remedial writs necessary to give it a general supervision and control over the proceedings of the inferior courts.

[Sidenote: Claims against the State.]

SEC. 9. The Supreme Court shall have original jurisdiction to hear claims against the State, but its decisions shall be merely recommendatory; no process in the nature of execution shall issue thereon; they shall be reported to the next session of the General a.s.sembly for its action.

[Sidenote: Judicial districts for superior courts.]

SEC. 10. The State shall be divided into nine judicial districts, for each of which a judge shall be chosen; and there shall be held a Superior Court in each county at least twice in each year, to continue for such time in each county as may be prescribed by law. But the General a.s.sembly may reduce or increase the number of districts.

[Sidenote: Residences of judges, rotation in judicial districts, and special terms.]

SEC. 11. Every judge of the Superior Court shall reside in the district for which he is elected. The judges shall preside in the courts of the different districts successively, but no judge shall hold the courts in the same district oftener than once in four years; but in case of the protracted illness of the judge a.s.signed to preside in any district, or of any other unavoidable accident to him, by reason of which he shall be unable to preside, the Governor may require any judge to hold one or more specified terms in said district, in lieu of the judge a.s.signed to hold the courts of the said district.

[Sidenote: Jurisdiction of courts inferior to supreme court.]

SEC. 12. The General a.s.sembly shall have no power to deprive the Judicial Department of any power or jurisdiction which rightfully pertains to it as a coordinate department of the government; but the General a.s.sembly shall allot and distribute that portion of this power and jurisdiction which does not pertain to the Supreme Court, among other Courts prescribed in this Const.i.tution or which may be established by law, in such manner as it may deem best; provide also a proper system of appeals, and regulate by law, when necessary, the methods of proceedings in the exercise of their powers, of all the courts below the Supreme Court, so far as the same may be done without conflict with other provisions of this Const.i.tution.

[Sidenote: In case of waiver of trial by jury.]

SEC. 13. In all issues of fact, joined in any court, the parties may waive the right to have the same determined by a jury, in which case the finding of the judge upon the facts shall have the force and effect of a verdict by a jury.

[Sidenote: Special courts in cities.]

SEC. 14. The General a.s.sembly shall provide for the establishment of special courts, for the trial of misdemeanors, in cities and towns where the same may be necessary.

[Sidenote: Clerk of supreme court.]

SEC. 15. The Clerk of the Supreme Court shall be appointed by the Court, and shall hold his office for eight years.

[Sidenote: Election of superior court clerk.]

SEC. 16. A Clerk of the Superior Court for each county shall be elected by the qualified voters thereof, at the time and in the manner prescribed by law for the election of members of the General a.s.sembly.

[Sidenote: Term of office.]

SEC. 17. Clerks of the Superior Courts shall hold their offices for four years.

[Sidenote: Fees, salaries and emoluments.]

SEC. 18. The General a.s.sembly shall prescribe and regulate the fees, salaries and emoluments of all officers provided for in this article; but the salaries of the judges shall not be diminished during their continuance in office.

[Sidenote: What laws are and shall be in force.]

SEC. 19. The laws of North Carolina, not repugnant to this Const.i.tution or the Const.i.tution and laws of the United States, shall be in force until lawfully altered.

[Sidenote: Disposition of actions at law and suits in equity, pending when this Const.i.tution shall go into effect, etc.]

SEC. 20. Actions at law, and suits in equity, pending when this Const.i.tution shall go into effect, shall be transferred to the courts having jurisdiction thereof, without prejudice by reason of the change; and all such actions and suits commenced before, and pending at the adoption by the General a.s.sembly of the rules of practice and procedure herein provided for, shall be heard and determined according to the practice now in use, unless otherwise provided for by said rules.

[Sidenote: Justices supreme court, election of.]

SEC. 21. The Justices of the Supreme Court shall be elected by the qualified voters of the State, as is provided for the election of members of the General a.s.sembly. They shall hold their offices for eight years. The judges of the Superior Courts, elected at the first election under this amendment, shall be elected in like manner as is provided for Justices of the Supreme Court, and shall hold their offices for eight years. The General a.s.sembly may, from time to time, provide by law that the judges of the Superior Courts, chosen at succeeding elections, instead of being elected by the voters of the whole State, as is herein provided for, shall be elected by the voters of their respective districts.

[Sidenote: Transaction of business in the superior court.]

SEC. 22. The Superior Courts shall be at all times open for the transaction of all business within their jurisdiction, except the trial of issues of fact requiring a jury.

[Sidenote: Solicitors for each judicial district.]

SEC. 23. A solicitor shall be elected for each judicial district by the qualified voters thereof, as is prescribed for members of the General a.s.sembly, who shall hold office for the term of four years, and prosecute on behalf of the State, in all criminal actions in the Superior Courts, and advise the officers of justice in his district.

[Sidenote: Sheriffs and coroners.]

SEC. 24. In each county a sheriff and coroner shall be elected by the qualified voters thereof, as is prescribed for members of the General a.s.sembly, and shall hold their offices for two years. In each towns.h.i.+p there shall be a constable elected in like manner by the voters thereof, who shall hold his office for two years. When there is no coroner in a county, the clerk of the Superior Court for the county may appoint one for special cases. In case of a vacancy existing for any cause in any of the offices created by this section, the commissioners of the county may appoint to such office for the unexpired term.

[Sidenote: Vacancies.]

SEC. 25. All vacancies occurring in the offices provided for by this article of the Const.i.tution shall be filled by the appointment of the Governor, unless otherwise provided for, and the appointees shall hold their places until the next regular election for members of the General a.s.sembly, when elections shall be held to fill such offices. If any person, elected or appointed to any of said offices, shall neglect and fail to qualify, such offices shall be appointed to, held and filled as provided in case of vacancies occurring therein. All inc.u.mbents of said offices shall hold until their successors are qualified.

[Sidenote: Terms of office of first officers under this article.]

SEC. 26. The officers elected at the first election held under this Const.i.tution shall hold their offices for the terms prescribed for them respectively, next ensuing after the next regular election for members of the General a.s.sembly. But their terms shall begin upon the approval of this Const.i.tution by the Congress of the United States.

[Sidenote: Jurisdiction of justices of the peace.]

SEC. 27. The several justices of the peace shall have jurisdiction, under such regulations as the General a.s.sembly shall prescribe, of civil actions, founded on contract, wherein the sum demanded shall not exceed two hundred dollars, and wherein the t.i.tle to real estate shall not be in controversy; and of all criminal matters arising within their counties where the punishment can not exceed a fine of fifty dollars or imprisonment for thirty days. And the General a.s.sembly may give to justices of the peace jurisdiction of other civil actions, wherein the value of the property in controversy does not exceed fifty dollars. When an issue of fact shall be joined before a justice, on demand of either party thereto, he shall cause a jury of six men to be summoned, who shall try the same. The party against whom judgment shall be rendered in any civil action may appeal to the Superior Court from the same. In all cases of a criminal nature, the party against whom judgment is given may appeal to the Superior Court, where the matter shall be heard anew. In all cases brought before a justice, he shall make a record of the proceedings and file same with the clerk of the Superior Court for his county.

[Sidenote: Vacancies in office of justices.]

SEC. 28. When the office of justice of the peace shall become vacant otherwise than by expiration of the term, and in case of a failure by the voters of any district to elect, the clerk of the Superior Court for the county shall appoint to fill the vacancy for the unexpired term.

[Sidenote: Vacancies in office of superior court clerk.]

SEC. 29. In case the office of clerk of a Superior Court for a county shall become vacant otherwise than by the expiration of the term, and in case of a failure by the people to elect, the judge of the Superior Court for the county shall appoint to fill the vacancy until an election can be regularly held.

[Sidenote: Officers of other courts inferior to supreme court.]

SEC. 30. In case the General a.s.sembly shall establish other courts inferior to the Supreme Court, the presiding officers and clerks thereof shall be elected in such manner as the General a.s.sembly may from time to time prescribe, and they shall hold their offices for a term not exceeding eight years.

[Sidenote: Removal of judges of the various courts for inability.]

SEC. 31. Any judge of the Supreme Court or of the Superior Courts, and the presiding officers of such courts inferior to the Supreme Court as may be established by law, may be removed from office for mental or physical inability, upon a concurrent resolution of two-thirds of both Houses of the General a.s.sembly. The judge or presiding officer, against whom the General a.s.sembly may be about to proceed, shall receive notice thereof, accompanied by a copy of the causes alleged for his removal, at least twenty days before the day on which either House of the General a.s.sembly shall act thereon.